RAKESH JHALANI Vs. AYUKTA NAGAR PALIKA NIGAM, RATLAM

JUDGEMENT

(1.) THE petitioner seeks quashing of resolution dated 5.6.95, whereby no confidence motion removing him from the officer of the Chairman of Public Works Committee (hereinafter referred to as the Committee) of Ratlam Municipal Corporation has been passed.

(2.) FACTS of the case lay in a narrow compass. According to the petitioner, he was elected as a councilor of Ratlam Municipal Corporation (hereinafter referred to as the Corporation) and was also elected as a member of the Committee as also the Chairman of the said Committee. By the impugned resolution dated 3.6.95 he has been removed from the office of the Chairman of the Committee. The petitioner submits that under the scheme of the Act, there is no provision for passing any no confidence motion against a Chairman of the Committee.

(3.) SHRI Mathur appearing on behalf of the respondents submits that power to elect a Chairman given under the provision of the Act shall imply power to remove him also by passing a no confidence motion. S.46 of the Act inter alias provides for constitution of various posts including the post of Public Works Committee. S.46 of the Act reads as under : - 46. Special Consultative Committees, their term, election and filling of casual vacancies: